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2023 Supreme(MP) 449
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vivek Rusia, J.
Lokesh – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Miscellaneous Criminal Case No. 5334 of 2023
Decided On : 02-02-2023
Important Points
Subject
Criminal Law - Bail Application
Act Referred
INDIAN PENAL CODE : S.363, S.366, S.366(a), S.376, S.376(2)(n)
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT : S.5(j)(ii), S.5(l)
Headnote
Bail Application - Prosecutrix Age - The court allowed the bail application based on the prosecutrix's statement supporting the applicant and her disclosure of her age as 20-21 years, despite opposition from the State regarding her age recorded in the scholar register.
Fact of the Case:
The applicant filed a second bail application under Section 439 of Cr.P.C. in connection with a case involving multiple offenses including those under the IPC and the Protection of Children from Sexual Offences Act, 2012. The first application was dismissed as withdrawn with liberty to renew the prayer after recording the Court statement of the prosecutrix.
Finding of the Court:
The court allowed the bail application, directing the release of the applicant on bail with specific conditions, based on the prosecutrix's statement supporting the applicant and her disclosure of her age as 20-21 years, despite opposition from the State regarding her age recorded in the scholar register.
Issues: The main issue was the grant of bail to the applicant, considering the prosecutrix's statement and her disclosed age, as opposed to the State's opposition based on the age recorded in the scholar register.
Ratio Decidendi: The court's decision was influenced by the prosecutrix's statement supporting the applicant and her disclosure of her age as 20-21 years, despite the State's opposition based on the age recorded in the scholar register. The court emphasized that it was a matter of trial to determine the validity of the evidence regarding the prosecutrix's age.
Final Decision: The applicant was directed to be released on bail on furnishing a personal bond and surety, with specific conditions for his regular appearance before the trial Court.
Anopam Chouhan, Advocate, Chetan Jain, Advocate
Final Result : Allowed
JUDGMENT
Vivek Rusia, J. - This is second application filed under Section 439 of Cr.P.C. by the applicant who is in custody since 20.01.2022 in connection with Crime No.22/2022, registered at Police Station Maheshwar, district Khargone for the offence punishable under Sections 363, 366, 366-A, 376, 376(2)(n) of IPC and Section 5l/6,5J (II) of Protection of Children from Sexual Offences Act, 2012. His first application was dismissed as withdrawn with liberty to renew the prayer after recording the Court statement of the prosecutrix vide order dated 23.05.2022 in M.Cr.C.No.18740/2022.
2. Learned counsel for the applicant submits that first application was dismissed as withdrawn with liberty to renew the prayer after examination of the prosecutrix as he may not influence her. Now she has been examined on 15.09.2022 in which she has fully supported the present applicant and she has also disclosed her age as 20-21 years. In such premises, learned counsel prays for grant of bail to the applicant.
3. Per contra learned counsel for the State opposes the bail application and prays for its rejection by submitting that as per the entry in the scholar register, this prosecutrix was minor at the time of incident, but in the cross examination she has admitted that her grand mother has recorded her age.
4. However, it is a matter of trial whether any other evidence was produced at the time of entry in the scholar register. Considering the facts and circumstances of the case, without commenting on the merits of the case, this application is allowed.
5. The applicant is directed to be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during the trial with a condition that he shall remain present before the Court concerned during the trial and shall also abide by the conditions enumerated under Section 437(3) of the Cr.P.C.
Certified copy, as per rules.
